Dorothy Reames v. State of New York

New York Court of Appeals·Decided January 6, 2022·No. 20 SSM 26·Published

Opinion

State of New York MEMORANDUM Court of Appeals This memorandum is uncorrected and subject to revision before publication in the New York Reports.

No. 20 SSM 26 Dorothy Reames, &c., Appellant, v.

State of New York et al., Respondents.

Submitted by W. Bradley Hunt, for appellant. Submitted by Jonathan D. Hitsous, for respondents.

MEMORANDUM:

The order of the Appellate Division should be affirmed, with costs.

The Appellate Division applied the correct substantial factor test (see e.g. Brown v

State of New York, 31 NY3d 514, 519-520 [2018]), and record evidence supports the Court

of Claims’ affirmed finding that defendants’ negligence was not a substantial factor in

aggravating decedent’s injuries or causing his death.

-2- SSM No. 26

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas and Cannataro concur.

Decided January 6, 2022

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Related

Brown v. State of New York
31 N.Y.3d 514 (New York Court of Appeals, 2018)